scholarly journals Stings and Scams: ‘Fake News,’ the First Amendment, and the New Activist Journalism

Author(s):  
Michael C. Dorf ◽  
Sidney Tarrow

Constitutional law, technological innovations, and the rise of a cultural “right to know” have recently combined to yield “fake news,” as illustrated by an anti-abortion citizen-journalist sting operation that scammed Planned Parenthood. We find that the First Amendment, as construed by the Supreme Court, offers scant protection for activist journalists to go undercover to uncover wrongdoing, while providing substantial protection for the spread of falsehoods. By providing activists the means to reach sympathetic slices of the public, the emergence of social media has returned journalism to its roots in political activism, at the expense of purportedly objective and truthful investigative reporting. But the rise of “truthiness” — that is, falsehoods with the ring of truth, diffused through new forms of communication — threatens the integrity of the media. How to respond to these contradictions is a growing problem for advocates of free speech and liberal values more generally.

2019 ◽  
Vol 8 (1) ◽  
pp. 114-133

Since the 2016 U.S. presidential election, attacks on the media have been relentless. “Fake news” has become a household term, and repeated attempts to break the trust between reporters and the American people have threatened the validity of the First Amendment to the U.S. Constitution. In this article, the authors trace the development of fake news and its impact on contemporary political discourse. They also outline cutting-edge pedagogies designed to assist students in critically evaluating the veracity of various news sources and social media sites.


Author(s):  
Patrícia Rossini ◽  
Jennifer Stromer-Galley ◽  
Ania Korsunska

Abstract While the debate around the prevalence and potential effects of fake news has received considerable scholarly attention, less research has focused on how political elites and pundits weaponized fake news to delegitimize the media. In this study, we examine the rhetoric in 2020 U.S. presidential primary candidates Facebook advertisements. Our analysis suggests that Republican and Democratic candidates alike attack and demean the news media on several themes, including castigating them for malicious gatekeeping, for being out of touch with the views of the public, and for being a bully. Only Trump routinely attacks the news media for trafficking in falsehoods and for colluding with other interests to attack his candidacy. Our findings highlight the ways that candidates instrumentalize the news media for their own rhetorical purposes; further constructing the news media as harmful to democracy.


2018 ◽  
Vol 4 (2) ◽  
pp. 205630511877601 ◽  
Author(s):  
Andrew S. Ross ◽  
Damian J. Rivers

Twitter is increasingly being used within the sociopolitical domain as a channel through which to circulate information and opinions. Throughout the 2016 US Presidential primaries and general election campaign, a notable feature was the prolific Twitter use of Republican candidate and then nominee, Donald Trump. This use has continued since his election victory and inauguration as President. Trump’s use of Twitter has drawn criticism due to his rhetoric in relation to various issues, including Hillary Clinton, the size of the crowd in attendance at his inauguration, the policies of the former Obama administration, and immigration and foreign policy. One of the most notable features of Trump’s Twitter use has been his repeated ridicule of the mainstream media through pejorative labels such as “fake news” and “fake media.” These labels have been deployed in an attempt to deter the public from trusting media reports, many of which are critical of Trump’s presidency, and to position himself as the only reliable source of truth. However, given the contestable nature of objective truth, it can be argued that Trump himself is a serial offender in the propagation of mis- and disinformation in the same vein that he accuses the media. This article adopts a corpus analysis of Trump’s Twitter discourse to highlight his accusations of fake news and how he operates as a serial spreader of mis- and disinformation. Our data show that Trump uses these accusations to demonstrate allegiance and as a cover for his own spreading of mis- and disinformation that is framed as truth.


Kosmik Hukum ◽  
2021 ◽  
Vol 21 (1) ◽  
pp. 44
Author(s):  
Cindy Bella Devina ◽  
Dissa Chandra Iswari ◽  
Go Christian Bryan Goni ◽  
Devi Kimberly Lirungan

The existence of hoaxes in Indonesia has been around for a long time. However, the term hoax was widespread and became part of daily conversations in the media and the public during the 2014 and 2019 Presidential Election. The rapid development of social media use and the ease of information exchange accelerated the spread of hoax. Even in the COVID-19 pandemic, hoax news about the corona virus and matters related to it are widespread in the community. This hoax news, both during the Election and the Covid-19 Outbreak, caused much unrest in the community. Some of the hoax news spreaders were jailed for violations of the ITE Law. Various legal practitioners and academics have also suggested that hoax news creators and spreaders be criminalized. This article reviews normatively whether the criminalization of hoax news is feasible for reasons of maintaining stability or needs to be eliminated to maintain freedom of opinion. The author reviews the normative aspects of criminalizing the creation and dissemination of hoax news by using Habermas' theory of deliberative democracy. Through this theory, the writer finds that hoax news makes aspects of democracy such as dialogue that is full of awareness and accurate information unattainable. This is also in line with what the Indonesian constitution wants. However, it is necessary to ensure that the criminalization of hoaxes is not used as an instrument of abuse of power considering that the circulation of hoaxes is a symptom of a problem rather than the root of the problem itself.Keywords: Fake News, Criminalization, Stability, Freedom of Speech, Deliberative Democracy, Legal Revuew


2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Ivan Valchanov ◽  

The development of the Internet and social media and networks as a media environment and communication channels combined with the specificity of the journalistic profession in the online environment are a factor which contributes to the emergence and proliferation of fake news. The lack of reliable fact checking by the media and the fast news consumption by the public lead to mass disinformation about certain issues or subjects. The current paper examines fake news from several points of view and describes the models of their use – as harmless jokes, as lack of journalistic competence or professionalism and as means of manipulation and intentional misleading of public opinion. The attempts of big media corporations to fight fake news are also described.


In medias res ◽  
2021 ◽  
Vol 10 (18) ◽  
pp. 2803-2811
Author(s):  
Ivana Marasović Šušnjara ◽  
Maja Vejić

All media have been flooded with news related to the COVID-19 pandemic. Top scientists have been addressing the public more frequently than ever before. In addition to positive attitudes, there have also been negative ones. In the midst of the pandemic, information about health systems that cannot respond adequately, a large number of deaths, and the lack of vaccines provoked a number of unwanted reactions, such as fear and associated disorders. Bad news kept coming. They were followed by conspiracy theories. Certain groups set out to find information they wanted to accept as true on various social networks. Should the media be allowed to inform about health without check, should they be allowed to pass on “fake news” in the domain of illness and health, or even manipulate information? They shouldn’t? In order to minimize the negative impacts, there should be mutual responsibility of experts and the media in presenting health-related topics and in disseminating useful and credible information, whereby the media literacy of the end users is indispensable.


Tripodos ◽  
2021 ◽  
Vol 1 (47) ◽  
pp. 87-104
Author(s):  
María José Ufarte-Ruiz ◽  
Belén Galletero-Campos ◽  
Ana María López-Cepeda

The dissemination of fake news is an increasing issue in the media ecosys­tem, which has worsened with the current healthcare crisis. Pandemic-re­lated hoaxes challenge media, which have not hesitated to implement dif­ferent plans to combat these contents. The objective of this research is to ana­lyse the structure, make-up and proce­dures of fact-checking units that have been created in the newsrooms of the public service media (PSM) in Spain to refute false and unreliable information related to coronavirus. Two initiatives were studied: RTVE Verifica, belonging to the Spanish Radio and Television Corporation, and Coronabulos, from the public entity of the Basque govern­ment, EiTB. The method used is based on case studies, web content analysis and in-depth semi-structured inter­views with those responsible for these departments. Such a triangulation of techniques has allowed us to draw conclusions and provide interesting ex­amples to the research. The results re­veal that these sections use traditional techniques and technological applica­tions to verify content related mainly to healthcare and pseudoscientific infor­mation, which are published on corpo­rate websites and social media. Keywords: hoaxes, coronavirus, healthcare crisis, fact-checking, public service media.


Author(s):  
Ted Gest

Police and the media have had a close relationship but it has become an increasingly uneasy one. For more than a century, the mainstream United States media—mainly newspapers, radio, television and magazines—have depended on the police for raw material for a steady diet of crime stories. For its part, law enforcement regards the media as something of an adversary. The relationship has changed because of the growth of investigative reporting and of the Internet. Both developments have increased the volume of material critical of the police. At the same time, law enforcement has used social media as a means to bypass the mainstream media to try getting its message directly to the public. However, the news media in all of its forms remains a powerful interpreter of how law enforcement does its job.


Author(s):  
Oloo Ong’ong’a

The rise of fake news into the new media platform has raised significant concern in Africa and Kenya in recent years. The new media has embedded itself with fake news, which sometimes has led to the misunderstanding and misinformation of particular events that might be of the public interest. The general public, policymakers, and scholars, as well as the media, have found this as a very challenging issue. The upsurge of the new technologies, mainly social media, has posed challenges as youth immerse themselves in utilizing these social media for their own benefits. This is coupled with the creation and spreading of fake news, which sometimes when it goes viral; they lead to stress, panic and uncertainty to the individuals that come across them. The ability of users’ exceptional capacity to produce, reproduce, and distribute their information to a broad audience makes social media, an essential tool in the information age. The article critically reviews the literature on fake news and recommends for media literacy, strengthening the legal structures and use of sophisticated technologies as a strategy to fight fake news in the social media in Kenya.


2021 ◽  
Vol 82 ◽  
pp. 159-182
Author(s):  
Maris Kuperjanov ◽  

The aim of the article is to give an overview of the first month of the novel coronavirus outbreak and of the public reactions to the news in media comments and social media environments in both local Estonian and global contexts. The pandemic was still ongoing at the time the article was published and, with some modifications and new emphases, vernacular reactions in the media (incl. social media) continued flourishing. During the first month (January 2020), the growing flow of information and rapid escalation of the situation made the topic more noticeable in both the media and social media, and thus provided a fertile basis for jokes and internet memes, legends, fake news, misinformation, conspiracy theories, etc., as was the case with the former bigger epidemics and pandemics. As it has also been observed previously, the consequences of some fake news, misinformation, and conspiracy theories may often be more harmful for society than the disease itself. Several motifs and storylines are universal and surge as similar situations arise both in Estonia and all over the world. The article also presents a selection of more prominent topics and examples of the outbreak from social media environments during the initial phase of international awareness of the novel coronavirus.


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